At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

The standard of care in the United States favors stabilizing any adult who arrives in an emergency department after a failed suicide attempt, even if he appears decisionally capacitated and refuses life-sustaining treatment. I challenge this ubiquitous practice. Emergency clinicians generally have a moral obligation to err on the side of stabilizing even suicide attempters who refuse such interventions. This obligation reflects the fact that it is typically infeasible to determine these patients’ level of decisional capacitation—among other relevant information—in this (...) unique setting. Nevertheless, I argue, stabilizing suicide attempters over their objection sometimes violates a basic yet insufficiently appreciated right of theirs—the right against bodily invasion. In such cases, it is at least prima facie wrong to stabilize a patient who wants to die even if they lack a contrary advance directive or medical order and suffer from no terminal physical illness. (shrink)

Most people do not know there are different kinds of medical studies; some are conducted on people who already have a disease or medical condition, and others are performed on healthy volunteers who want to help science find answers. No matter what sort of research you are invited to participate in, or whether you are a patient when you are asked, it’s entirely up to you whether or not to do it. This decision is important and may have many implications (...) for your health and well-being, as well as those of other patients now and in the future. Making a good decision – the right one for you – requires you to become educated about topics you may not have thought about before, some of which may be quite complicated. This chapter explains the key issues to help you make a good decision. (shrink)

What can we know if we take sceptical worries such as the Münchhausen trilemma seriously? Quite a lot, actually - if the world is a certain way, namely if transcendent mediocrity is the case.

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

Is testimony a legitimate source of aesthetic belief? Can I, for instance, learn that a film is excellent on your say-so? Optimists say yes, pessimists no. But pessimism comes in two forms. One claims that testimony is not a legitimate source of aesthetic belief because it cannot yield aesthetic knowledge. The other accepts that testimony can be a source of aesthetic knowledge, yet insists that some further norm prohibits us from exploiting that resource. I argue that this second form of (...) pessimism has certain advantages over the first. I offer two candidates for the non-epistemic norm that, on this view, stands in the way of our taking aesthetic testimony. And I argue that this form of pessimism meets a challenge to pessimism in general – that of explaining why, if testimony cannot be a legitimate source of aesthetic belief, we can nonetheless rightly rely on the aesthetic recommendations of others. (shrink)

The ways in which we exercise intentional agency are varied. I take the domain of intentional agency to include all that we intentionally do versus what merely happens to us. So the scope of our intentional agency is not limited to intentional action. One can also exercise some intentional agency in omitting to act and, importantly, in producing the intentional outcome of an intentional action. So, for instance, when an agent is dieting, there is an exercise of agency both with (...) respect to the agent’s actions and omissions that constitute her dieting behavior and in achieving the intended outcome of losing weight. In our mental lives we exercise intentional agency both in performing mental actions and when we intentionally produce certain outcomes at which our mental actions are aimed. The nature and scope of our intentional agency in our mental lives with respect to controlling the acquisition of mental states such as belief, desire, and intention is a topic that is of interest in its own right. In this essay, I will focus solely on our control over coming to believe. Understanding what sort of control we have our beliefs has far-reaching implications. For instance, theorizing about self-deception and wishful thinking is aided by theorizing about what if any intentional agency we can exercise with respect to acquiring beliefs. Another often mentioned concern that motivates thinking about doxastic agency comes from religion (when conversion requires a change of belief). We also hold persons morally and epistemically responsible for beliefs they have or fail to have. Finally, some deontological theories of epistemic justification require that agents be able to exercise a robust form of doxastic control. Fruitful work on any of these problems requires that we have an account of our intentional agency in acquiring beliefs. There are at least three loci of doxastic control. The first is over acquiring beliefs. The second is over maintaining beliefs. The third is over how we use our beliefs. I am chiefly concerned with the first locus of doxastic control in this essay, but I will say something about the second locus along the way. Also, I will only consider one way we might exercise control over acquiring beliefs. Specifically, I will present an argument against direct doxastic voluntarism (DDV). By “DDV” I mean to refer to the thesis that it is conceptually possible for agents to consciously exercise the same sort of direct voluntary control over coming to acquire a doxastic attitude—such as belief, suspension of belief, and disbelief—that they exercise over uncontroversial basic actions. If DDV is correct, then coming to believe can be a basic action-type. DDV, or something very close to it, was Bernard Williams’ target in his 1973 paper, “Deciding to Believe.” Williams’s argument is widely regarded as having been a failure. But I think that Williams was on to something in his paper. Hence, in this paper, while I do not attempt to resurrect Williams’s argument, I develop and defend a revised argument for a thesis that is quite close to Williams’s. I will proceed as follows. First, I will discuss Bernard Williams’ (1973) failed attempt at showing that DDV is conceptually impossible. This will be followed by a discussion of some constraints on our belief-forming activities. I will then clarify my target a bit more than Williams does in his original paper. Finally, I will present my own argument against the conceptual possibility of DDV. (shrink)

According to Thomas Aquinas, what distinguishes the theological from the cardinal virtues is the nature of their object: the latter aim at the natural excellence of humans, while the former direct us beyond ourselves to focus on the Divine. This paper considers the cinematic work of Drew Goddard — in particular, his 2018 film _Bad Times at the El Royale_ — as a post-religious response to Aquinas, insofar as it retains and re-presents Faith, Hope, and Love as valuable elements of (...) the human experience itself, even in the absence of a supernatural vector of their application. After the fashion of Caputo’s Derrida, I offer a religionless interpretation of each of the three theological virtues and show how _Bad Times_ itself deconstructs the roles of ‘god’ and ‘human,’ interchanging them in a way that manifests a “religionless religion” wherein the theological virtues can remain vibrant, even without the theological structure that might be expected to undergird them. In short: _Bad Times at the El Royale_ demonstrates how even if God is dead, Faith, Hope, and Love are not. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

"The Mind is not a Vessel to be Filled but a Fire to be Kindled", and "Education is Not the Filling of Pail But the Lighting of a Fire", and ... Something About a Horse ... You can lead a horse to water, but you can’t make it smile? Because of the long face and all? (No, that can’t be it). Anyway, borrowing a bit from Plutarch and Yeats (maybe, there is no agreement on whether he said that about pails (...) and fires), and some idiom from 12th Century Old English about horses walking on water, I assume, we can glean the following gem: learning requires active participation by learners. It is almost embarrassing to have to write that, but here we are with education today, mostly unloading facts into unlit receptacles. This doesn’t work, and not just because the metaphor is mixed. Genuine learning requires focus, which requires motivation, which is cultivated by interest, which needs curiosity, which is not something teachable through the typical educational curricula. I can, as Aristotle tells us, teach students the basics of some ethical theory, but I cannot make them virtuous. Ah-ha! I can lead a horse to water, but I can’t make it abide by the categorical imperative (No, that’s not quite right. Although it’s true--most horses are utilitarians). One way that seems to work in piquing student interest in learning philosophy is to use humor as you make the case that a philosophical attitude is very similar to a humorous attitude. Both rely heavily on questioning our collective presuppositions, both cultivate rational skepticism, and both are never content with accepting traditions and values that are mindlessly received. I’ve got it now: You can lead a horse to water, but you can’t make it an iconoclast! (still not it). Friedrich Nietzsche published a book in 1889 titled Twilight of the Idols: Or How to Philosophize with a Hammer. This was during his most frenetic and fecund period, just before the syphilis set in rendering him somewhat less than his lauded Ubermensch. The “Idols” for Nietzsche were “false gods” or the ubiquitous errors that philosophy should expose. He is likely borrowing (without citation!) from sir Francis Bacon, whose “idols” are fetishes which can divert us from the pursuit of truth. Learning is hard, but it doesn’t have to be gloomy, hence, I advocate for a different sort of hammer to act as a “tuning-fork” sounding out the hollow and dangerous idols handed down to us that have passed for sagacity. (shrink)

Infant feeding decisions are highly emotionally charged. I argue elsewhere that many problems surrounding infant feeding decisions result from a moralized context created by mistakes in our assumptions about maternal duties including the mistaken assumption that mothers have a defeasible moral duty to breastfeed. Mothers have a reason, but not a moral duty to breastfeed. Even those who are convinced by my argument in the case of full-term babies, might find it harder to accept in the case of premature babies. (...) It might seem that mothers do have a defeasible moral duty to breastfeed or, as is more likely to be appropriate in such cases, to express breastmilk. Here, I explain why preterm neonates present a tricky case for the right not to breastfeed. I show why, nonetheless, moral pressure for mothers to express breastmilk in the neonatal unit is neither permissible nor pragmatically advisable. I argue that instead we should address structural barriers to providing breastmilk and support donor milk initiatives. (shrink)

Rather infamously, Kit Fine provided a series of counter-examples which purport to show that the modalist program of analysing essence in terms of metaphysical necessity is fundamentally misguided. Several would-be modalists have since responded, attempting to save the position from this Finean Challenge. This paper evaluates and rejects a trio of such responses, from Della Rocca, Zalta, and Gorman. But I’m not here arguing for Fine’s conclusion – ultimately, this is a fight amongst friends, with Della Rocca, Zalta, Gorman, and (...) I all wanting to be modalists, but disagreeing on the details. As such, while my primary aim is to show what’s wrong with this trio, the secondary aim is demonstrating how what’s right about them in fact pushes one towards my own sparse modalist account. So while the primary conclusion of this paper is negative, the secondary, positive, conclusion is that modalists shouldn’t give up hope – plausible responses to Fine are still out there. (shrink)

Three arguments summarize opposition to laws protecting LGBTQ+ persons from discrimination: (1) The pseudo-democratic argument (social change should be free of governmental coercion); (2) The clinical argument (homosexuality is an illness); (3) The choice argument (homosexuality is a choice). My purpose is to show the three are vulnerable to damaging objections. This article reflects conditions as they were in 1987 in the USA. For example, the expression LGBTQ+ had not been coined. My use of "gays and lesbians," then believed to (...) be inclusive, excluded a lot of people. (shrink)

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...) while there should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

In this paper, we argue that, barring a few important exceptions, the phenomenon we refer to using the expression “being moved” is a distinct type of emotion. In this paper’s first section, we motivate this hypothesis by reflecting on our linguistic use of this expression. In section two, pursuing a methodology that is both conceptual and empirical, we try to show that the phenomenon satisfies the five most commonly used criteria in philosophy and psychology for thinking that some affective episode (...) is a distinct emotion. Indeed, being moved, we claim, is the experience of a positive core value (particular object) perceived by the moved subject as standing out (formal object) in the circumstances triggering the emotion. Drawing on numerous examples, we describe the distinctively rich phenomenology characteristic of the experience as well as the far-reaching action-tendencies and functions associated with it. Having thus shown that the candidate emotion seem to satisfy the five criteria, we go on, in section three, to compare it with sadness and joy, arguing that it should not be confused with either. Finally, in section four, we illustrate the explanatory power of our account of “being moved” by showing how it can shed light on, and maybe even justify, the widespread distrust we feel towards the exhibition of ‘sentimentality’. On the whole and if we are right, we have uncovered an emotion which, though never or rarely talked about, is of great interest and no small importance. (shrink)

Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us (...) how to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)

Traditionally, the so-called ‘redintegration experiment’ is at the center of the comments on the supposed Boyle/Spinoza correspondence. A. Clericuzio argued (refuting the interpretation by R.A. & M.B. Hall) in his influential publications that, in De nitro, Boyle accounted for the ‘redintegration’ of saltpeter on the grounds of the chemical properties of corpuscles and did not make any attempt to deduce them from the mechanical principles. By contrast, this paper claims that with his De nitro Boyle wanted to illustrate and promote (...) precisely his new Corpuscular or Mechanical Philosophy, and that he did significant attempts to explain the phenomena in terms of mechanical qualities. Boyle had borrowed the ‘redintegration experiment’ from R. Glauber and used it as a tool to prove that his philosophy was the right alternative for the Peripatetic and Paracelsian theory of qualities of bodies. Consequently, Clericuzio’s characterization of the Boyle/Spinoza controversy as a discussion between a strict mechanical philosopher and a chemist is problematic and should be revised. (shrink)

Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was not present (...) in earlier Codes of Ethics of the National Association of Social Workers. Furthermore, until very recently, little published literature in peer-reviewed journals has human needs theories to guide models of social work practice or inform social work research. Universalistic assumptions about human needs have long been found within social work’s literature on human development (see Jani and Reisch 2011, under General Overviews). However, these assumptions were often inexplicit. They did not fully utilize theories of human need, which have long recognized that although human needs may be universal, they are addressed in culturally and environmentally specific manners. Also, in practice, social workers have often conflated human needs with the need for the services or benefits available at any one time. This bibliography will explore the history and evolution of the interdisciplinary body of human needs theory and research on which social work has drawn historically, with special attention to the recent surge in interest in human needs theories. In doing so, the entry will discuss a number of key debates that have arisen regarding needs, including whether they are universal or specific to particular cultures; what the relationship is between human needs, human rights, and social justice; and how to reconcile theories of human needs and of human capabilities. (shrink)

Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that (...) right. (shrink)

Having a confirmation bias sometimes leads us to hold inaccurate beliefs. So, the puzzle goes: why do we have it? According to the influential argumentative theory of reasoning, confirmation bias emerges because the primary function of reason is not to form accurate beliefs, but to convince others that we’re right. A crucial prediction of the theory, then, is that confirmation bias should be found only in the reasoning domain. In this article, we argue that there is evidence that confirmation (...) bias does exist outside the reasoning domain. This undermines the main evidential basis for the argumentative theory of reasoning. In presenting the relevant evidence, we explore why having such confirmation bias may not be maladaptive. (shrink)

This essay involves exploration of certain repercussions of Bernard Williams’ view that there is, in Wittgenstein’s later work, a transcendental idealism akin to that found in the Tractatus—sharing with it the feature that it cannot be satisfactorily stated. It is argued that, if Williams is right, then Wittgenstein’s later work precludes a philosophically substantial theory of meaning; for such a theory would force us to try to state the idealism. In a postscript written for the reprint of the essay, (...) reasons are given for thinking that Williams is not right: Wittgenstein’s later work actually helps us to repudiate as ill-conceived all those questions whose answers invite us to embrace any such idealism. But the main thesis of the essay remains intact. Indeed the idea that Wittgenstein’s later work precludes a philosophically substantial theory of meaning is reinforced. (shrink)

Fragmentalism was first introduced by Kit Fine in his ‘Tense and Reality’. According to fragmentalism, reality is an inherently perspectival place that exhibits a fragmented structure. The current paper defends the fragmentalist interpretation of the special theory of relativity, which Fine briefly considers in his paper. The fragmentalist interpretation makes room for genuine facts regarding absolute simultaneity, duration and length. One might worry that positing such variant properties is a turn for the worse in terms of theoretical virtues because such (...) properties are not involved in physical explanations and hence theoretically redundant. It will be argued that this is not right: if variant properties are indeed instantiated, they will also be involved in straightforward physical explanations and hence not explanatorily redundant. Hofweber and Lange, in their ‘Fine’s Fragmentalist Interpretation of Special Relativity’, object that the fragmentalist interpretation is in tension with the right explanation of the Lorentz transformations. It will be argued that their objection targets an inessential aspect of the fragmentalist framework and fails to raise any serious problem for the fragmentalist interpretation of special relativity. (shrink)

The spread of misinformation and fake news raises important problems for our society and for our democracy. From the January 6 attack on the U.S. Capitol to vaccine hesitancy, from suppressing voter turnout to peddling conspiracy theories, we know that these problems are real and need to be taken seriously. While misinformation is not a new problem for democracy, it can spread more quickly and easily because of new media’s design and popularity. Given these problems, it is encouraging that some (...) technology companies are taking steps to reduce the spread of misinformation and fake news on the platforms they manage. Despite this seemingly positive development, some scholars have criticized some interventions designed to combat the spread of misinformation and fake news as paternalistic. For example, a 2019 Facebook intervention called Click-Gap aimed to reduce the amount of low-quality content (including fake news and misinformation) that users see on their NewsFeed. Click-Gap has been criticized as an instance of epistemic paternalism because it was adopted (1) with the goal of improving the epistemic status of its users and (2) irrespective of what the company believed the wishes of its users to be. If interventions like Click-Gap are problematic because paternalistic, those of us interested in the ethics of technology would face a dilemma—either endorse technology companies treating their users paternalistically or endorse their failing to act to combat the spread of misinformation and fake news on their platforms. Both options seem to me to be problematic. While paternalism may sometimes be permissible, I think we should be very hesitant to endorse a paternalistic relationship between technology companies and their users. The relationship does not seem to bear the right sort of structure to one in which paternalism might be appropriate, if it ever is. The second option seems, if anything worse: surely technology companies should not stand by and change nothing about their platforms despite the spread of misinformation and fake news in those spaces. In this paper, I argue that Click-Gap and interventions like it are not paternalistic, contrary to the conclusion of other scholars. Further, I will argue that the focus on paternalism itself is actually a red herring here. While not just any intervention or strategy that purports to reduce fake news and misinformation is permissible, we should want technology companies to take user well-being seriously and be able to take that well-being as a direct reason for action. Their doing so is not paternalistic nor even morally problematic, and it should not be criticized as such. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

The Habermas–Foucault debate, despite the excellent commentary it has generated, has the standing of an ‘unfinished project’ precisely because it occasions the interrogation of the fundamental categories of modernity, and because the lingering sense of anxiety, which continues to remain after arguments and counter-arguments, demands new interpretations. Here, I advance the claim that what gives Habermas’s criticisms of Foucault’s histories and theoretical formulations their bite is the categorial distinction he maintains between facts and rights, and by extension, between causes and (...) reasons. The Kantian distinction between de jure validity and de facto effectivity underwrites the categorial distinction between both ‘norms/facts’ and ‘reasons/causes’ conceptual pairs, which distinction, in turn, is reinforced by a picture of the natural world as matter in motion and human agency as self-determination. I want to claim that Foucault’s work enacts a critique of Habermas not by evading the problem of justification but by undermining the very distinctions Habermas needs to maintain the universal and necessary status of communicative rationality. Drawing on Jonathan Lear’s discussion of reasons and causes in relation to the unconscious, I claim that psychoanalytic discourse helps us make intelligible a type of reflection—such as one finds in Foucault’s historiography—that is at once “critical and empirical.” Moreover, the realization that the distinction between causes and reasons may not be categorial and exhaustive shows how Habermas’s insistence on the contrary leads to one particular kind of misrecognition of our practices. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

Drawing on Anscombe, in this essay I argue that we should not take Aristotle to be a moral philosopher, nor a virtue ethicist. This is because contemporary virtue ethics has little to do with Aristotelian ethics. While contemporary virtue ethics (or aretaic moral theory, as one may call it) operates on the level of moral and thus categorical norms, Aristotelian ethics—an aretaic life ethics—is primarily concerned with pragmatic norms. The main question for Aristotle is what a good general conduct of (...) life is. The major concern of aretaic moral theory, on the other hand, is to provide a criterion of morally right action and hence to define the concepts of the morally right, the impermissible and moral duty in aretaic terms. This shows that contemporary authors assume a primacy of virtue, while Aristotle assumes a primacy of eudaimonia. I illustrate this distinction by addressing the question of how the virtues benefit their possessor. (shrink)

Remarkably, the theological discourse surrounding Hans Frei and postliberal theology has continued for nearly thirty years since Frei's death. This is due not only to the complex and provocative character of Frei's work, nor only to his influence upon an array of thinkers who went on to shape the theological field in their own right. It is just as indebted to the critical responses that his thinking continues to inspire. One recurrent point of criticism takes aim at Frei's use (...) of Ludwig Wittgenstein's later work for theological ends. In his recent book Liberalism versus Postliberalism: The Great Divide in Twentieth Century Theology, John Allan Knight challenges what he sees as Frei's dependence on problematic Wittgensteinian assumptions. This article raises a few concerns about Knight's charges against Frei. Specifically, I argue that Knight's account tends to conflate the work of Wittgenstein and Frei. It does this by undervaluing two determinative features of Frei's work: (1) its basic Christological orientation; and (2) its Christologically motivated use of ad hoc apologetics. I argue that the Wittgensteinian view that Knight attributes to Frei is not Frei's view at all, and is, moreover, a problematic account of Wittgenstein on its own terms. Finally, Knight's claim that Frei's work “depends upon” and “is suffused” with the understanding of Wittgenstein that Knight attributes to him is based upon an account of Frei's treatment of the sensus literalis that is not entirely accurate. Without question, Knight does remarkable service to Frei's legacy by keeping important debates over his work alive. In what follows, I propose several points where I think Knight's account might be further enriched. The result, I hope, will be a more nuanced understanding of the ways that Frei actually appropriated and deployed Wittgenstein's thought. I will contextualize my account of Frei with reference both to Wittgenstein's writings and the literature surrounding his writings. Setting forth these accounts in tandem should help make further available Wittgenstein's work for subsequent work by postliberal theologians. (shrink)

Abstract: This essay examines the thoughts and actions of the eponymous hero Hamlet of Shakespeare's tragedy from the perspective of existential philosophy. The death of his father, the prompt remarriage of his mother and Ophelia's rejection of his love are interpreted as Jaspersian boundary situations. Burdened with the responsibility to avenge his father's murder, Hamlet faces an existential dilemma of either being a dutiful son or being true to himself. As he loses faith in the goodness of the world (...) and confronts death, Hamlet enters a protracted phase of foundering, suffused with despair and self-loathing. The customary rational way of thinking fails him and his soul becomes shipwrecked. But this is also the beginning of Hamlet's journey toward authentic selfhood and becoming the Existenz that he potentially is. Affirming life with all of its absurdity in a moment of transcendence, he attains a kind of happiness that Camus addresses in The Myth of Sisyphus. Keywords: Hamlet; Jaspers, Karl; Kierkegaard, Søren; Nietzsche, Friedr. (shrink)

In this paper, I explore the question of agency in spontaneous action via a phenomenology of musical improvisation, drawing on fieldwork conducted with large con- temporary improvising ensembles. I argue that musical improvisation is a form of ‘participatory sense-making’ in which musical decisions unfold via a feedback pro- cess with the evolving musical situation itself. I describe how musicians’ technical expertise is developed alongside a responsive expertise, and how these capacities complicate the sense in which habitual action can be viewed (...) as pre-conscious or ‘automatic.’ Nevertheless, I shall argue that the self-awareness required for expert improvisation does not amount to highly reflective deliberation, arguing instead that the practice of musical improvisation involves an exercise of practical rationality, akin to what Aristotle called phronēsis. Musical decisions – as an expressive form of sense-making – are guided by feelings of ‘rightness’ that are experienced directly and intuitively, responding to the norms and reasons that are embedded in the instruments, sounds, and practices of a particular (sub)culture. (shrink)

This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning parties’ to AR (...) but also to public policy considerations. We argue that AR has implications for the common good, by involving matters of human reproduction, kinship, race, parenthood and identity. In this paper we challenge presuppositions concerning decisional privacy. We examine the essential commodification of human life implicit in AR and the systematicity that makes this possible. We address the objection that it is an ethically neutral way of having children and consider the problem of ‘existential debt’. After examining objections to the thesis that AR is illegitimate for reasons of public policy and the common good, we return to the issue of decisional privacy in the light of considerations concerning the legitimate role of the state in matters affecting human reproduction. (shrink)

The dual role of olfaction in both smelling and tasting, i.e. flavour perception, makes it an important test case for philosophical theories of sensory individuation. Indeed, the psychologist Paul Rozin claimed that olfaction is a “dual sense”, leading some scientists and philosophers to propose that we have not one, but two senses of smell: orthonasal and retronasal olfaction. In this paper I consider how best to understand Rozin’s claim, and upon what grounds one might judge there to be one or (...) two distinct olfactory modalities. I conclude that while Rozin may be right that humans have dual occurrences of an olfactory ‘sense’, the concept of a sense-modality, and hence the ‘sense’ of smell, is ambiguous between two different notions: a physiological sensory channel and an experiential modality, along the lines suggested by J. J. Gibson. Furthermore, recognising that these are complementary rather than competing conceptions of a sense-modality enables the formulation of a powerful ‘dual-concept’ framework for posing and addressing questions concerning the complex architecture of human multisensory experience. (shrink)

In this paper I consider two related issues raised by Aristotle 's treatment of hearing and sounds. The first concerns the kinds of changes Aristotle takes to occur, in both perceptual medium and sense organs, when a perceiver hears a sounding object. The second issue concerns Aristotle 's views on the nature and location of the proper objects of auditory perception. I argue that Aristotle 's views on these topics are not what they have sometimes been taken to be, and (...) that when rightly understood they compare favourably in many respects with leading contemporary accounts. (shrink)

The sublime is an aspect of experience that has attracted a great deal of scholarship, not only for scholarly reasons but because it connotes aspects of experience not exhausted by what Descartes once called clear distinct perception. That is, the sublime is an experience of the world which involves us in orientating ourselves within it, and this orientation, our human orientation, elevates us in comparison to the non-human world according to traditional accounts of the sublime. The sublime tells us something (...) about our relation to the world rather than anything about the world per se. Nonetheless there is an objective sense of the sublime in that the narratives involved are culturally endorsed rather than invented by an individual. This means that objects can be judged worthy or not of evoking experiences of the sublime. In other words, it is not an idiosyncratic matter. Immanuel Kant’s formulation of this involved explaining how such an experience is possible in terms of his system of the mind. Jane Forsey notes that Kant takes the features of the sublime as given and extrapolates from them certain features of the mind as if any concept of the sublime must implicate the mental architecture of his account (2007). Further to this she argues that in fact the concept of the sublime does implicate a particular system of the mind but neither Kant nor anyone else can successfully formulate it because the concept itself frames certain contradictions. According to Forsey, two consequences follow. First she argues that Kant’s system of the mind does not support the features of the sublime; and secondly that no system could as the very concept is incoherent. If Forsey can show that Kant was mistaken in presenting his account as coherent given his commitments, this would be of interest in its own right. However, her stronger claim is that we cannot separate any concept of the sublime out from Kant’s theoretical underpinnings. That the way the features of the mind are meant to operate in experiences of the sublime are contradictory simply points to the fatal flaws in the whole concept. Her conclusion is that there is no coherent account of the sublime available to us. I will argue that Forsey bases her reasoning on the assumption that a foundational empiricist or direct perception holds; and she interprets Kant’s notions of imagination, understanding and reason as though they are grounded in just such an account of perception. This is revealed in her interpretation of Kant’s phrase “beyond cognition”. Once this foundationalism is replaced with an account of perception more aligned with current research on perception, both philosophical and empirical, then an account of the sublime is available. Further to this however, I argue that what constitutes the narrative of the sublime is historically contingent. Before setting out my arguments, I consider Forsey’s argument in more detail. (shrink)

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions (...) of ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

SPANISH: Las parejas del mismo sexo tienen razón cuando dicen que negarles el matrimonio es discriminar contra ellas; pero otorgar el matrimonio a las parejas del mismo sexo sin dar a familias no conyugales los beneficios que el matrimonio provee remediaría la injusticia hacia las primeras sin subsanar la iniquidad hacia las segundas. Crear una sociedad que favorece solo una opción para reconocer las relaciones de serio compromiso no debe ser la meta de un movimiento progresista. -/- ENGLISH: Same-sex couples (...) are right when they say that denying them marriage is discriminating against them; but granting marriage to same-sex couples without giving non-marital families the benefits marriage provides would remedy the injustice towards the former without correcting the iniquity towards the latter. Creating a society that favors only one option to recognize committed relationships should not be the goal of a progressive movement. -/- . (shrink)

Third-party property insurance (TPPI) protects insured drivers who accidentally damage an expensive car from the threat of financial ruin. Perhaps more importantly though, TPPI also protects the victims whose losses might otherwise go uncompensated. Ought responsible drivers therefore take out TPPI? This paper begins by enumerating some reasons for why a rational person might believe that they have a moral obligation to take out TPPI. It will be argued that if what is at stake in taking responsibility is the ability (...) to compensate our possible future victims for their losses, then it might initially seem that most people should be thankful for the availability of relatively inexpensive TPPI because without it they may not have sufficient funds to do the right thing and compensate their victims in the event of an accident. But is the ability to compensate one's victims really what is at stake in taking responsibility? The second part of this paper will critically examine the arguments for the above position, and it will argue that these arguments do not support the conclusion that injurers should compensate their victims for their losses, and hence that drivers need not take out TPPI in order to be responsible. Further still, even if these arguments did support the conclusion that injurers should compensate their victims for their losses, then (perhaps surprisingly) nobody should to be allowed to take out TPPI because doing so would frustrate justice. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

David Chalmers has distinguished the “hard” and the “easy” problem of consciousness, arguing that progress on the “easy problem”—on pinpointing the physical/neural correlates of consciousness—will not necessarily involve progress on the hard problem—on explaining why consciousness, in the first place, emerges from physical processing. Chalmers, however, was hopeful that refined theorizing would eventually yield philosophical progress. In particular, he argued that panpsychism might be a candidate account to solve the hard problem. Here, I provide a concise stock-take on both the (...) empirical-neuroscientific and philosophical-conceptual progress on consciousness. It turns out that, whereas empirical progress is indisputable, philosophical progress is much less pronounced. While Chalmers was right, I argue, in distinguishing distinctive types of problems of consciousness, his prediction of progress on the hard problem was overly optimistic. Empirical progress and philosophical progress are essentially uncoupled; a more skeptical perspective on progress in philosophy in general is appropriate. (shrink)

This chapter presents an overview of several recent developments in vision science, and outlines some of their implications for the management of visual attention in graphic displays. These include ways of sending attention to the right item at the right time, techniques to improve attentional efficiency, and possibilities for offloading some of the processing typically done by attention onto nonattentional mechanisms. In addition it is argued that such techniques not only allow more effective use to be made of (...) visual attention, but also open up new possibilities for human-machine interaction. (shrink)

Some of Dave Chappelle’s uses of storytelling about seemingly mundane events, like his experiences with his “white friend Chip” and the police, are examples of what W.E.B. Du Bois calls “Positive Propaganda.” This is in contrast to “Demagoguery,” the sort of propaganda described by Jason Stanley that obstructs empathic recognition of others, and undermines reasonable debate among citizens regarding policies that matter: the justice system, welfare, inequality, and race, for example. Some of Chappelle’s humor, especially in his most recent Netflix (...) specials, but also in his earlier standup performances and his series The Chappelle Show, is akin to art that appeals to emotion in the ways suggested by Du Bois in “Criteria of Negro Art” (1926). Beauty is essential to art, but, “I do not care a damn for any art that is not used for propaganda. But I do care when propaganda is confined to one side while the other is stripped and silent” (p. 22). The “one side” is that which appears to extoll American ideals, but in reality undermines them, perpetuating the subordinate status of “the other”--black citizens. Replace “beauty” with “humor” or “funny”, and we see striking parallels between Chappelle’s socio-political performances and Du Bois’ call for positive propaganda, each of which constitute “civic rhetoric” broadly construed. We no longer live in Du Bois’ America of explicit denial of rights. In many ways our situation is worse, as the mechanisms of exclusion are implicit, difficult to dislodge, because they are invisible. Chappelles’ humor draws attention to subtle undermining-propaganda in our liberal democracy, transforming it through his counter-propaganda into the spectacle that it should be; ubiquitous democracy-denying propaganda should be as obvious to whites as it is to minorities. In his words, we should all see that “that shit is fucking incredible” (Killin’ Them Softly). (shrink)

Integrity is often conceived as a heroic ideal: the person of integrity sticks to what they believe is right, regardless of the consequences. In this article, I defend a conception of ordinary integrity, for people who either do not desire or are unable to be moral martyrs. Drawing on the writings of seventeenth century thinker Huang Zongxi, I propose refocussing attention away from an abstract ideal of integrity, to instead consider the institutional conditions whereby it is made safe not (...) to be servile. (shrink)

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...) of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state. (shrink)

Modern philosophy can often appear to be mere cryptomnesia, redressed and resuited to fit the particular mouth from which it is espoused. This notion is but a sorrowful chimera binding the 21st-century mind to the confines of an eternal shadow, an eternal prison of doubt in the face of limitless potential. As a species, we are rapidly approaching the precipice of Yahweh's original position as instantiators of consciousness, as the I AM in relation to our artificial progeny. Could one fabricate (...) a candidate more fitting for a contra-analysis of our current situation than Hegel? One could not. (shrink)

A seventeenth-century scholastic attempt to restrict the truthmaker principle to positive truths.

One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement of (...) tort law among public secondary school heads on students in Osun State. All the students in Osun State public secondary schools and 723 heads constituted the population. A sample of 54 school heads and 180 students were selected using multi-stage sampling procedure. Two instruments were designed to elicit responses from the respondents. Descriptive and inferential statistics were used to answer the research questions raised for the study. The results showed that school heads do not have adequate knowledge of tort law and that both the school heads and students have poor attitude toward it tort law. The study recommends that short term training on student’s right, how they can be legally protected and tort law be organised for school heads. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...) contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

In this dissertation, I address the issue of whether thoughts have proprietary phenomenal character, concluding that we have no good justification for holding such a view. After a brief introduction, in Chapter 2, I discuss the distinction between cognitive and noncognitive mental states, according to which cognitive mental states are conceptual and noncognitive mental states are not. I then provide an overview of the cognitive phenomenology debate, arguing that the debate should be understood based on the metaphysical nature of thought (...) and its relationship with phenomenal character. Finally, I introduce views I call phenomenal cognitive phenomenology (phenomenal CP), moderate cognitive phenomenology (moderate CP), and strong cognitive phenomenology (strong CP). I then argue that the denial of any of these positive views offers a better explanation for any phenomenal character associated with thought. -/- In Chapter 3, I critically evaluate various arguments for and against the various views on cognitive phenomenology, including self-knowledge arguments, phenomenal contrast arguments, introspection-based arguments, and content-grounding arguments. I conclude that the arguments are seldom well-justified but that the simplest explanation—that proprietary cognitive phenomenology does not exist—should be defaulted to. -/- In Chapter 4, I describe the debate on the phenomenal intentionality thesis (PIT) and arguments in favor of the PIT. Moreover, I argue that views on phenomenal intentionality entail views on cognitive phenomenology; however, given that such PIT views are not well-justified or even circular, at best, they offer no overriding reason to endorse a positive view on cognitive phenomenology. -/- In Chapter 5, I assert that whether one endorses strong PIT or moderate PIT comes down to one’s views on strong CP. I also discuss the implications of the other chapters, including that the PIT and cognitive phenomenology thesis (CPT) debates are not as independent as previously suggested. I then consider that the different views may amount to introspective differences, and while some may be right and some may be wrong concerning introspecting about the nature of certain mental states, that the metaphysical relationship between cognitive or intentional states on the one hand and phenomenal states on the other hand may simply not be accessible through introspection. Such considerations do not entail that no view offers the best explanation of the relevant phenomena, and I conclude by defending the view on cognitive phenomenology that I endorse: proprietary phenomenal character of thought does not exist. -/- Several of the appendices contain original artwork intended to help illustrate various thought experiments, different views, and more. Other appendices contain derivations in modal logic intended to support the claims made about entailment relations between different views. (shrink)

Many of the commentators—let’s ignore their sex for the moment—suggested including women in the Feyerabend conference. Then the question was raised, “but are they of the right quality, status, rank?” That is, do they bring down the average quality of the conference in virtue of their being of inferior status, or, in Vincenzo Politi’s words, not “someone whose work is both relevant to the topic of the conference and also as widely recognized as the work of the invited speakers” (...) (HOPOS-L archive, “CFP: Feyerabend Conference,” Tuesday, July 17, 2012, 14:57:20)? It is extremely important that such a discussion of quality, status, and rank recognize the scourge of evaluation bias and its long-term and pervasive consequences. One well-designed study this past year, published by the National Academy of Sciences, established prominent evaluation bias among both male and female science faculty in their evaluations of a student applying for a managerial job, who was randomly assigned either a male or a female name (Moss-Racusin et al. 2012). These professors examined the qualifications of the students and decided whether to hire them, what salary to give them, and whether to mentor themand howmuch to do so.The resultswere that both male and female scientists hired more men, gave them higher salaries, and offered more mentoring to them, even though themale applications were identical to the female applications. When probed about their reasons for not hiring or mentoring the female applicants, the professors explained that they based their decisions on the inferior competence of the applicant: the female applicants were perceived as less competent by all professors (with identical applications between males and females). This is what “evaluation bias” looks like, and it has been established in many, many contexts since the 1970s—this is only the most recent. (shrink)